```

[Federal Register Volume 89, Number 248 (Friday, December 27, 2024)]
[Rules and Regulations]
[Pages 105454-105456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30598]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0058]
RIN 1625-AA87

Security Zone, Port of Miami, Florida

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is changing the existing Port of Miami fixed 
security zone regulation that encompasses certain navigable waters of 
the Miami Main Channel in Miami, FL. The change is designed to extend 
the existing fixed security zone eastward along the Miami Main Channel. 
The extension was established to include the new cruise ship terminal 
at the Port of Miami added in December 2024. This action extends 
existing fixed security zone approximately 840 yards eastward along the 
Miami Main Channel.

DATES: This rule is effective December 27, 2024.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0058 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Guerschom Etienne, Waterways Management 
Division Chief, U.S. Coast Guard; telephone (305) 535-4307, email 
[email protected].

SUPPLEMENTARY INFORMATION:

[[Page 105455]]

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
ICW Intercoastal Waterway
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Port of Miami is undergoing an expansion project that will 
create new cruise ship terminals at the eastern end of the Port and 
outside the existing security zone. The Captain of the Port (COTP) 
Miami identified a need to amend the existing security zone to address 
the Port of Miami's cruise ship terminal expansion. In response, on 
August 16, 2022, the Coast Guard published a notice of proposed 
rulemaking (NPRM) titled ``Security Zone; Port of Miami'' (87 FR 
50278). There we stated why we issued the NPRM and invited comments on 
our proposed regulatory action related to this security zone. During 
the comment period that ended September 15, 2022, we received no 
comments.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable and contrary to the public interest. 
This rule must be immediately effective to guard against potential 
security concerns associated with the new cruise ship terminal at the 
Port of Miami which was added in December 2024.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority in 46 
U.S.C. 70051 and 70124. The Captain of the Port Miami (COTP) has 
determined it is necessary to extend the existing Port of Miami fixed 
security zone eastward approximately 840 yards to cover all navigable 
waters in the Main Ship Channel from approximately Watson Island to 
just west of the Biscayne Bay Pilots Station.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published 
August 16, 2022. There are no changes in the regulatory text of this 
rule from the proposed rule in the NPRM.
    This rule amends an established fixed security zone that 
encompasses all waters in the Main Ship Channel from approximately Star 
Island to just west of the Biscayne Bay Pilots Station. The fixed 
security zone is in effect when two or more passenger vessels, vessels 
carrying cargoes of particular hazard, or vessels carrying LHG, enter 
or moor within this zone.
    When the security zone is in effect, persons and vessels shall not 
enter or transit the security zone along the Miami Main Channel unless 
authorized by Captain of the Port of Miami or a designated 
representative. Persons and vessels may transit the Miami Main Channel 
when only one passenger vessel, one vessel carrying cargoes of 
particular hazard or one vessel carrying LHG is berthed. The public 
will be able to reach law enforcement vessels via VHF-FM marine channel 
16.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. This rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, this 
rule has not been reviewed by the Office of Management and Budget 
(OMB).
    This regulatory action determination is based on the limited nature 
of the security zone, specifically: persons and vessels may transit the 
Miami Main Channel when less than two passenger vessel is berthed, less 
than two vessel carrying cargoes of hazard, or vessel carrying LHG is 
berthed in the channel. Additionally, persons and vessels may operate 
within the security zone when authorized by Captain of the Port of 
Miami or a designated representative.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
call or email the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule would not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the National Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In

[[Page 105456]]

particular, the Act addresses actions that may result in the 
expenditure by a State, local, or tribal government, in the aggregate, 
or by the private sector of $100,000,000 (adjusted for inflation) or 
more in any one year. Though this rule will not result in such an 
expenditure, we do discuss the effects of this rule elsewhere in this 
preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321-4370f), and have made a preliminary determination that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves increasing the size of an existing security zone along 
the Miami Main Channel. Such actions are categorically excluded from 
further review under paragraph L60(a) of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental 
Consideration supporting this determination is available in the docket. 
For instructions on locating the docket, see the ADDRESSES section of 
this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section to coordinate protest activities so 
that your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and Record 
keeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amending 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.

0
2. In Sec.  165.760, revise paragraph (b)(2) to read as follows:

Sec.  165.760  Security Zones; Port of Palm Beach, Port Everglades, and 
Port of Miami, Florida.

* * * * *
    (b) * * *
    (2) Fixed security zone in Port of Miami, Florida. A fixed security 
zone encompassing all navigable waters within the Miami Main Channel 
between Star Island to just west of the Biscayne Bay Pilots Station. 
The security zone is formed by an imaginary line starting at the 
northwest corner in position 25[deg]46.33' N, 080[deg]09.16' W; thence 
in an easterly direction to the northeast corner in position 
25[deg]46.17' N, 080[deg]08.77' W; thence in a southerly direction to 
the southeast corner in position 25[deg]46.04' N, 080[deg]08.75' W; 
thence in a northwesterly direction to the southwest corner in position 
25[deg]46.23' N, 080[deg]09.16' W, thence in a northerly direction back 
to the northwest corner.
    (i) When the security zone is in effect, persons and vessels shall 
not enter or transit the security zone along the Miami Main Channel 
unless authorized by Captain of the Port of Miami or a designated 
representative.
    (ii) Persons and vessels may transit the Miami Main Channel when 
only one passenger vessel is berthed in the channel, one vessel 
carrying cargoes of hazard is berthed in the channel, or one vessel 
carrying LHG is berthed in the channel.
    (iii) Law enforcement vessels can be contacted on VHF Marine Band 
Radio, Channel 16 (156.8 MHz).
* * * * *

C.R. Cederholm,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2024-30598 Filed 12-26-24; 8:45 am]
BILLING CODE 9110-04-P
```